Who Pays for Damage Caused by Falling Objects from Your Property?
How liability works when falling objects cause damage, and what your insurance covers.
Whether it’s a roof tile dislodged in a storm or a tree branch coming down on a neighbour’s car, the question of who pays for the damage is rarely straightforward. It depends on what fell, where it came from, and whether negligence was involved. Here’s how it works.
At a glance
- If damage comes from your property, you might be liable if neglect played a role.
- Accidental falling objects are often considered ‘no one’s fault’.
- Your insurance can cover repairs-but so might theirs, depending on the situation.
When are you liable for damage caused by your property?
Liability for damage caused by falling objects from your property depends largely on whether you knew about a risk and failed to act on it.
If negligence was involved: If you were aware that your roof was in poor condition, a tree was diseased or structurally compromised, or a satellite dish was loose, and you took no steps to address it, you’re likely to be found liable for any damage that results. In legal terms, you had a duty of care to maintain your property and prevent foreseeable harm to others.
If there was no prior warning: If a tree branch comes down in an unexpected storm with no prior signs of decay, or a tile is dislodged by an unusually severe weather event, establishing negligence is harder. In these circumstances, each party may need to rely on their own insurance.
The key question in any dispute is whether the risk was foreseeable and whether reasonable steps were taken to address it.
What happens when something from your property damages someone else’s?
If a roof tile, tree branch, or other object from your property damages a neighbour’s car, garden, or home, here’s what to expect:
If you were negligent: Your neighbour can make a claim against you. Your home insurance’s personal liability cover, also called property owners liability, is designed to handle exactly this. It covers the cost of repairs and any legal fees if the matter goes further.
If you weren’t negligent: Your neighbour would need to claim through their own insurance. However, if there’s a dispute about whether negligence was involved, the situation may need to be resolved through their insurer, your insurer, or in some cases the courts. Our guide on what to do if your neighbour refuses to pay for damage covers this scenario in detail.
What happens when something from a neighbour’s property damages yours?
The same rules apply in reverse. If a tree from next door falls on your roof or a loose tile from your neighbour’s chimney damages your car, your neighbour is liable if they were negligent.
If they weren’t negligent, or if establishing liability is disputed, you may need to claim through your own buildings or contents insurance. Most standard buildings policies cover damage from falling objects as a named peril, including storm-related damage.
Either way, document the damage thoroughly with photos before any repairs begin.
Storm damage and acts of nature
When severe weather causes a falling object to damage property, liability becomes more difficult to establish because the proximate cause is the weather rather than negligence. In these cases, both parties typically need to claim through their own insurance.
Most standard buildings insurance policies cover storm damage as a named peril.
If you live in an area prone to severe weather, it’s worth checking your policy to confirm storm damage is included and whether there’s a specific excess for weather-related claims.
How to reduce the risk
The most effective way to avoid liability for falling object damage is proactive maintenance:
- Have your roof inspected periodically, particularly after severe weather. Our guide on what to do if your roof tiles fall off covers what to check.
- Keep trees on your property maintained. Have diseased, dead, or structurally compromised branches removed by a qualified arborist before they become a risk.
- Secure any fixtures, aerials, or satellite dishes that could be dislodged in high winds. Our guide on how to secure garden items before storms covers broader storm preparation.
- Report any concerns about a neighbour’s trees or property to them in writing. If a tree on a neighbouring property looks dangerous, document your concern and notify them. If the worst happens, this demonstrates you raised the risk.
Before we go
When falling objects cause damage, liability comes down to negligence. If you maintained your property and an accident happened anyway, your liability is limited. If you knew about a risk and ignored it, you’re likely on the hook. Either way, the right insurance cover, personal liability for third-party claims and buildings insurance for your own property, means you’re not facing the costs alone.
With Lemonade’s home insurance, personal liability cover and buildings cover for storm damage are both included.
Frequently Asked Questions
What happens if a branch from my tree damages a neighbour’s property?
If you were aware the tree was diseased, dead, or structurally compromised and took no action, you’re likely liable for the damage. Your home insurance’s personal liability cover should handle the repair costs and any legal fees. If the damage was caused by a genuinely unforeseeable weather event with no prior warning signs, your neighbour may need to claim through their own insurance instead.
Am I covered if my car gets hit by a falling roof tile?
Damage to a car from a falling roof tile is typically covered under your car insurance’s comprehensive policy rather than your home insurance. If the tile came from a neighbour’s property and they were negligent, you could make a claim against them. If it came from your own property, your car insurer would handle it. Check your car insurance policy for details on falling object cover.
What is classed as negligence in these cases?
Negligence means you knew about a risk, or should reasonably have known about it, and failed to take appropriate steps to address it. A dying tree with visible decay, a roof in poor repair, or loose fittings that haven’t been secured are all examples where a court might find negligence. A healthy tree brought down by an exceptional storm, or a tile dislodged by unusually severe winds, is less likely to meet the threshold for negligence.
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